Can You Recover Compensation for Fear, Stress, Anxiety or Anguish Caused by an Accident?

If you have been involved in any type of accident, you know that the injuries are often more than physical. You may have witnessed horrific injury to others, including those you love. You may have scars or disfigurement that carry significant emotional pain. You may relive the accident and have fears of getting in a motor vehicle or passing by a neighbor’s dog. Can you recover compensation in New Jersey for your emotional trauma, particularly when it was a result of someone else’s careless or negligent act?

What Is Emotional Distress in New Jersey?

In New Jersey, any mental suffering that arises as a consequence of an accident may be considered “emotional distress.” Such a response may be characterized by a wide range of behaviors, including fear, anger, nervousness and anxiety. It’s typically not the same thing as depression, though depression can be a symptom of emotional distress.

What Makes the Infliction of Emotional Distress Negligent?

In New Jersey, infliction of emotional distress may be intentional or it may be negligent. To establish negligent infliction of emotional distress, an injured person must show that:

• The defendant (person from whom compensation is sought) had a duty not to engage in behavior that posed an unreasonable risk of emotional harm to another person (you, in this case)
• The defendant failed to meet that standard, doing things that a reasonable person would expect to cause severe emotional distress
• Because of the defendant’s failure to act reasonably, you suffered emotional distress

In New Jersey, a person may recover for negligent infliction of emotional distress either as the victim or as a bystander who witnessed events that led to emotional distress. To be eligible for compensation as a bystander, you must prove that:

• The defendant acted negligently, causing serious injury or death to another person
• The victim was either your spouse or a close family member
• You personally witnessed the serious bodily injury or death of the spouse or close family member
• Witnessing the event has caused you severe emotional distress

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.